News

Pleasanton: Court rejects citizen group's appeal in lawsuit over proposed Costco store

Ruling seemingly clears the way for retail giant and other JDEDZ projects to proceed

The Johnson Drive Economic Development Zone is proposed to be located southeast of the I-580/I-680 interchange in Pleasanton. Costco and a hotel developer are aiming to build on the 20-acre vacant portion (in yellow oval) near the top right of this aerial photo. (File photo by Mike Sedlak)

A state appellate court panel has denied a citizen group's challenge of the public approval process for the proposed Costco store and overarching Johnson Drive Economic Development Zone, siding with the city over the adequacy of the environmental review completed for the project.

Pleasanton Citizens for Responsible Growth, a coalition spearheaded by former city councilman Matt Sullivan, had appealed an Alameda County judge's November 2020 decision to reject the group's lawsuit over whether air quality and traffic impacts were appropriately analyzed as required by the California Environmental Quality Act (CEQA).

"We conclude that PCRG's claims challenging the adequacy of the analysis and comment responses related to traffic impacts are moot in light of recent amendments to the CEQA Guidelines, and we reject its similar claims related to air quality impacts," the three-justice panel wrote on Feb. 28.

The judgment would seemingly clear the path for the Costco Wholesale store with a gas station, two hotels and other projects, along with significant associated roadwork, to move forward in the JDEDZ area after nearly a decade in the public process that included an opposition ballot measure defeated easily at the polls, two lawsuits by PCRG, and years worth of city review and council hearings.

"The majority of our residents anxiously await a Pleasanton Costco for quality groceries, personal grooming products, glasses, photo printing, furniture and more," Pleasanton Mayor Karla Brown told the Weekly on Thursday. "As mayor, I am interested in keeping our tax revenues in the city of Pleasanton, while replacing the existing mountain of gravel with a new Costco store."

Help sustain the local news you depend on.

Your contribution matters. Become a member today.

Join

Still Sullivan, who served on the council from 2004 to 2012 and has been a vocal critic of many aspects of the project over recent years, signaled that the citizen group is not giving up its fight even after the appellate court loss.

"It's unfortunate that the legislature keeps undermining CEQA at the behest of businesses, the tech industry and developers," he told the Weekly on Friday morning. "As the appellate judge stated, he denied our appeal because of a recent change in that law. CEQA is one of the few tools the public has to protect not only the environment but to provide us a voice when our government representatives do not."

"PCRG has not abandoned our objections to this project and we are examining all our options for further action," Sullivan said.

This browser does not support PDFs. Please download the PDF to view it: Download PDF.

Attempts to reach Costco representatives were unsuccessful as of Friday afternoon.

The retail giant took an active role in the litigation as a listed real party in interest in the PCRG lawsuit against the city government.

Stay informed

Get the latest local news and information sent straight to your inbox.

Stay informed

Get the latest local news and information sent straight to your inbox.

Costco owns the Johnson Drive property on which it plans to build, which would mark its third Tri-Valley store joining Livermore and Danville.

Work related to the Costco store was put on hold amid the pending litigation, but city attorney Dan Sodergren said grading did begin at the site of the two hotels proposed for the JDEDZ in recent months and city staff were finalizing roadwork plans while the appeal was pending.

Sodergren confirmed that Costco is still tracking to manage construction of the traffic improvements needed on Stoneridge and Johnson drives to accommodate their store, in line with the tax-sharing agreement with the city to pay for the roadwork. City staff is, in parallel, processing the design review application related to the Costco store itself.

"​​I'm both relieved and happy that we can now put the environmental challenges behind us and move forward with getting the Costco store built and opened for our residents," City Councilmember Kathy Narum said to the Weekly on Thursday. The JDEDZ will be located in the city's District 1 -- to be assigned to Narum's seat -- once council districting takes effect.

"It continues to be very clear to me that a majority of our residents want to be able to shop at Costco in Pleasanton for a variety of reasons including saving time not having to drive to a location outside of Pleasanton, fewer miles driven per trip and having Pleasanton benefit from the sales tax on Costco purchases not to mention having a Costco gas station," she added.

Eight years and counting

Under consideration since 2014, the JDEDZ is the local regulatory framework laying out how redevelopment could occur on 40 acres of prominent property just south of the I-680/I-580 interchange, including rezoning a 20-acre site left vacant when Clorox closed its research center there. That parcel now largely consists of post-demolition debris piles.

The regulatory concept, designed by city staff to spur commercial development on land seen as under-utilized on Johnson Drive and Commerce Circle, also features strict design guidelines that aim to help expedite city review of future projects in the marquee area.

The first of what was ultimately two environmental analysis and public review processes for the JDEDZ spanned from 2014 to 2017.

The endeavor paused in the latter part of 2016 amid a citizens' initiative measure -- which was spearheaded by Pleasanton Citizens for Planned Growth, a group led by Bill Wheeler, owner of Black Tie Transportation, whose headquarters would be a neighbor to the Costco store. Wheeler's coalition was unaffiliated with Sullivan's PCRG.

Ultimately, 63% of voters in November 2016 defeated Measure MM, which sought to limit building size in the JDEDZ to 50,000 square feet maximum -- a ballot question that did not explicitly reference Costco but was seen by many residents as effectively a vote on whether to allow the retail giant onto the property.

Work on the JDEDZ policies restarted soon after the election, and the council approved the original regulatory package in December 2017. However, Sullivan's group sued the city that same month, opting for litigation under CEQA after a potential referendum petition failed to get off the ground.

In addition to citing concerns about the environmental review, Sullivan has long criticized the funding structure for roadwork associated with the entire JDEDZ but that needs to be completed before the Costco store can open -- which includes a tax-sharing agreement for the city to repay a portion of the costs that Costco is fronting. That money would later be recouped by the city via a JDEDZ transportation fee charged to other future developers to build within that area.

The formal membership of Sullivan's organization has remained unclear, but in its initial lawsuit, PCRG was identified as an "unincorporated association of residents, citizens, property owners, taxpayers and electors" from Pleasanton.

Months of initial litigation ensued before the council in September 2018 opted to rescind its original JDEDZ approvals in favor of additional environmental work in an effort to settle the first lawsuit with PCRG.

That decision put on hold Costco's design review application and a Planning Commission-approved application from a hotel developer to build two hotels with 231 rooms in the JDEDZ area.

The follow-up round of environmental review started in October 2018 and lasted more than a year, a longer-than-anticipated process that included new studies by consultants focused on air quality, releasing the new documents for public comment and drafting responses to the comments before the final city hearings that culminated in the council approving the revised JDEDZ in February 2020.

During the next month, PCRG hit the city with a second lawsuit over the Costco store and JDEDZ, this time centering on the city's final supplemental environmental impact report (RFSEIR).

At issue was whether Pleasanton city officials adequately considered the cumulative air quality and traffic impacts on the JDEDZ caused by three proposed or pending projects in neighboring Dublin (the IKEA store, Kaiser Permanente medical campus and the since-rescinded At Dublin development) as well as whether the city adequately responded to two public comments.

Alameda County Superior Court Judge Frank Roesch denied the group's petition for writ of mandate in November 2020, ruling that "substantial evidence in the record" showed the city both adequately considered the three Dublin projects and appropriately responded to the public comments.

Before the appellate court

PCRG appealed Roesch's ruling to the California Court of Appeal, First Appellate District, reasserting the same two challenges it argued before the trial court.

But the appellate court would side across the board with main arguments made by the city and Costco in denying the citizen group's appeal and upholding the county judge's decision, according to the 22-page unpublished opinion authored by Acting Presiding Justice James A. Richman and joined by Associate Justice Therese M. Stewart and Mendocino County Superior Court Judge Cindee Mayfield on special assignment.

With regard to PCRG's arguments on traffic, which centered on level of service (LOS) impacts from the three Dublin projects, the appellate court cited CEQA guidelines that took effect in July 2020 which state "except for roadway capacity projects, 'a project's effect on automobile delay shall not constitute a significant environmental impact'."

"Because LOS-based traffic analysis is no longer a consideration to determine if a project's impact is significant, the city would be under no obligation to conduct a LOS-based analysis on remand," the justices stated in determining the new guidelines rendered PCRG's argument moot.

As for whether the city provided good faith responses to two public comments about air quality impacts, the court concurred with the city and Costco that PCRG's arguments were "'vaguely' asserted and 'inscrutable'."

"In short, we see nothing inadequate in the responses provided by the city," the court stated.

The court added, "Assuming PCRG is advancing distinct arguments related to air quality impacts, its failure to develop them with any cogent argument forfeits them on appeal, and we would be justified in disregarding them ... In any event, to the extent we follow PCRG's arguments, we would reject them."

The appellate opinion authorized the city and Costco to recover their costs on appeal, but Sodergren confirmed that only applies to "minor miscellaneous expenses such as court filing fees" and does not include attorneys fees.

What comes next

Costco has advanced on design review with the city for its proposed on-site improvements related to its planned warehouse store and gas station, according to Sodergren.

"This will be followed by submission of on-site and building plan for review and eventual permitting," Sodergren told the Weekly.

Meanwhile, the city issued grading permits for the site of the two proposed hotels in the JDEDZ in September, "and that work has recently commenced onsite," according to Sodergren. Building permits were issued for both hotels in December, and construction is expected to get underway later this year.

The hotels would be able to open as soon as they're completed, but the Costco store could not begin operations until the JDEDZ traffic mitigation improvements are finished. "It is expected Costco will coordinate their on-site and building permitting and construction with the JDEDZ Traffic Mitigation Improvements schedule," Sodergren said.

Included among the road projects are upgrades to the I-680/Stoneridge Drive interchange, changes to the intersection of Stoneridge and Johnson drives, and expansion of Johnson Drive.

All plans for the roadwork are nearly complete, as city staff coordinated those efforts while the appeal process played out, according to Sodergren. "Right-of-way acquisition is in process. Caltrans and other permitting is complete," he said.

Costco will be overseeing the construction contract for the roadwork in line with standards under a pending traffic improvement agreement between the company and the city, Sodergren said.

"A public bidding process will occur soon to select a general contractor to perform the work for Costco," he added. "Throughout construction, the work will be inspected by city public works inspection staff and Caltrans staff to ensure compliance with the approved improvement plans. When complete, the improvements will be accepted by the city and Caltrans for operation and maintenance."

Crews are expected to start construction on the traffic improvements this June, with the goal of wrapping up by fall 2023, according to Sodergren.

A front row seat to local high school sports.

Check out our new newsletter, the Playbook.

Jeremy Walsh
 
Jeremy Walsh, a Benicia native and American University alum, joined Embarcadero Media in November 2013. After serving as associate editor for the Pleasanton Weekly and DanvilleSanRamon.com, he was promoted to editor of the East Bay Division in February 2017. Read more >>

Follow PleasantonWeekly.com and the Pleasanton Weekly on Twitter @pleasantonnews, Facebook and on Instagram @pleasantonweekly for breaking news, local events, photos, videos and more.

Your support is vital to us continuing to bring you city government news. Become a member today.

Pleasanton: Court rejects citizen group's appeal in lawsuit over proposed Costco store

Ruling seemingly clears the way for retail giant and other JDEDZ projects to proceed

by / Pleasanton Weekly

Uploaded: Thu, Mar 10, 2022, 3:26 pm
Updated: Sun, Mar 13, 2022, 2:55 pm

A state appellate court panel has denied a citizen group's challenge of the public approval process for the proposed Costco store and overarching Johnson Drive Economic Development Zone, siding with the city over the adequacy of the environmental review completed for the project.

Pleasanton Citizens for Responsible Growth, a coalition spearheaded by former city councilman Matt Sullivan, had appealed an Alameda County judge's November 2020 decision to reject the group's lawsuit over whether air quality and traffic impacts were appropriately analyzed as required by the California Environmental Quality Act (CEQA).

"We conclude that PCRG's claims challenging the adequacy of the analysis and comment responses related to traffic impacts are moot in light of recent amendments to the CEQA Guidelines, and we reject its similar claims related to air quality impacts," the three-justice panel wrote on Feb. 28.

The judgment would seemingly clear the path for the Costco Wholesale store with a gas station, two hotels and other projects, along with significant associated roadwork, to move forward in the JDEDZ area after nearly a decade in the public process that included an opposition ballot measure defeated easily at the polls, two lawsuits by PCRG, and years worth of city review and council hearings.

"The majority of our residents anxiously await a Pleasanton Costco for quality groceries, personal grooming products, glasses, photo printing, furniture and more," Pleasanton Mayor Karla Brown told the Weekly on Thursday. "As mayor, I am interested in keeping our tax revenues in the city of Pleasanton, while replacing the existing mountain of gravel with a new Costco store."

Still Sullivan, who served on the council from 2004 to 2012 and has been a vocal critic of many aspects of the project over recent years, signaled that the citizen group is not giving up its fight even after the appellate court loss.

"It's unfortunate that the legislature keeps undermining CEQA at the behest of businesses, the tech industry and developers," he told the Weekly on Friday morning. "As the appellate judge stated, he denied our appeal because of a recent change in that law. CEQA is one of the few tools the public has to protect not only the environment but to provide us a voice when our government representatives do not."

"PCRG has not abandoned our objections to this project and we are examining all our options for further action," Sullivan said.

Attempts to reach Costco representatives were unsuccessful as of Friday afternoon.

The retail giant took an active role in the litigation as a listed real party in interest in the PCRG lawsuit against the city government.

Costco owns the Johnson Drive property on which it plans to build, which would mark its third Tri-Valley store joining Livermore and Danville.

Work related to the Costco store was put on hold amid the pending litigation, but city attorney Dan Sodergren said grading did begin at the site of the two hotels proposed for the JDEDZ in recent months and city staff were finalizing roadwork plans while the appeal was pending.

Sodergren confirmed that Costco is still tracking to manage construction of the traffic improvements needed on Stoneridge and Johnson drives to accommodate their store, in line with the tax-sharing agreement with the city to pay for the roadwork. City staff is, in parallel, processing the design review application related to the Costco store itself.

"​​I'm both relieved and happy that we can now put the environmental challenges behind us and move forward with getting the Costco store built and opened for our residents," City Councilmember Kathy Narum said to the Weekly on Thursday. The JDEDZ will be located in the city's District 1 -- to be assigned to Narum's seat -- once council districting takes effect.

"It continues to be very clear to me that a majority of our residents want to be able to shop at Costco in Pleasanton for a variety of reasons including saving time not having to drive to a location outside of Pleasanton, fewer miles driven per trip and having Pleasanton benefit from the sales tax on Costco purchases not to mention having a Costco gas station," she added.

Eight years and counting

Under consideration since 2014, the JDEDZ is the local regulatory framework laying out how redevelopment could occur on 40 acres of prominent property just south of the I-680/I-580 interchange, including rezoning a 20-acre site left vacant when Clorox closed its research center there. That parcel now largely consists of post-demolition debris piles.

The regulatory concept, designed by city staff to spur commercial development on land seen as under-utilized on Johnson Drive and Commerce Circle, also features strict design guidelines that aim to help expedite city review of future projects in the marquee area.

The first of what was ultimately two environmental analysis and public review processes for the JDEDZ spanned from 2014 to 2017.

The endeavor paused in the latter part of 2016 amid a citizens' initiative measure -- which was spearheaded by Pleasanton Citizens for Planned Growth, a group led by Bill Wheeler, owner of Black Tie Transportation, whose headquarters would be a neighbor to the Costco store. Wheeler's coalition was unaffiliated with Sullivan's PCRG.

Ultimately, 63% of voters in November 2016 defeated Measure MM, which sought to limit building size in the JDEDZ to 50,000 square feet maximum -- a ballot question that did not explicitly reference Costco but was seen by many residents as effectively a vote on whether to allow the retail giant onto the property.

Work on the JDEDZ policies restarted soon after the election, and the council approved the original regulatory package in December 2017. However, Sullivan's group sued the city that same month, opting for litigation under CEQA after a potential referendum petition failed to get off the ground.

In addition to citing concerns about the environmental review, Sullivan has long criticized the funding structure for roadwork associated with the entire JDEDZ but that needs to be completed before the Costco store can open -- which includes a tax-sharing agreement for the city to repay a portion of the costs that Costco is fronting. That money would later be recouped by the city via a JDEDZ transportation fee charged to other future developers to build within that area.

The formal membership of Sullivan's organization has remained unclear, but in its initial lawsuit, PCRG was identified as an "unincorporated association of residents, citizens, property owners, taxpayers and electors" from Pleasanton.

Months of initial litigation ensued before the council in September 2018 opted to rescind its original JDEDZ approvals in favor of additional environmental work in an effort to settle the first lawsuit with PCRG.

That decision put on hold Costco's design review application and a Planning Commission-approved application from a hotel developer to build two hotels with 231 rooms in the JDEDZ area.

The follow-up round of environmental review started in October 2018 and lasted more than a year, a longer-than-anticipated process that included new studies by consultants focused on air quality, releasing the new documents for public comment and drafting responses to the comments before the final city hearings that culminated in the council approving the revised JDEDZ in February 2020.

During the next month, PCRG hit the city with a second lawsuit over the Costco store and JDEDZ, this time centering on the city's final supplemental environmental impact report (RFSEIR).

At issue was whether Pleasanton city officials adequately considered the cumulative air quality and traffic impacts on the JDEDZ caused by three proposed or pending projects in neighboring Dublin (the IKEA store, Kaiser Permanente medical campus and the since-rescinded At Dublin development) as well as whether the city adequately responded to two public comments.

Alameda County Superior Court Judge Frank Roesch denied the group's petition for writ of mandate in November 2020, ruling that "substantial evidence in the record" showed the city both adequately considered the three Dublin projects and appropriately responded to the public comments.

Before the appellate court

PCRG appealed Roesch's ruling to the California Court of Appeal, First Appellate District, reasserting the same two challenges it argued before the trial court.

But the appellate court would side across the board with main arguments made by the city and Costco in denying the citizen group's appeal and upholding the county judge's decision, according to the 22-page unpublished opinion authored by Acting Presiding Justice James A. Richman and joined by Associate Justice Therese M. Stewart and Mendocino County Superior Court Judge Cindee Mayfield on special assignment.

With regard to PCRG's arguments on traffic, which centered on level of service (LOS) impacts from the three Dublin projects, the appellate court cited CEQA guidelines that took effect in July 2020 which state "except for roadway capacity projects, 'a project's effect on automobile delay shall not constitute a significant environmental impact'."

"Because LOS-based traffic analysis is no longer a consideration to determine if a project's impact is significant, the city would be under no obligation to conduct a LOS-based analysis on remand," the justices stated in determining the new guidelines rendered PCRG's argument moot.

As for whether the city provided good faith responses to two public comments about air quality impacts, the court concurred with the city and Costco that PCRG's arguments were "'vaguely' asserted and 'inscrutable'."

"In short, we see nothing inadequate in the responses provided by the city," the court stated.

The court added, "Assuming PCRG is advancing distinct arguments related to air quality impacts, its failure to develop them with any cogent argument forfeits them on appeal, and we would be justified in disregarding them ... In any event, to the extent we follow PCRG's arguments, we would reject them."

The appellate opinion authorized the city and Costco to recover their costs on appeal, but Sodergren confirmed that only applies to "minor miscellaneous expenses such as court filing fees" and does not include attorneys fees.

What comes next

Costco has advanced on design review with the city for its proposed on-site improvements related to its planned warehouse store and gas station, according to Sodergren.

"This will be followed by submission of on-site and building plan for review and eventual permitting," Sodergren told the Weekly.

Meanwhile, the city issued grading permits for the site of the two proposed hotels in the JDEDZ in September, "and that work has recently commenced onsite," according to Sodergren. Building permits were issued for both hotels in December, and construction is expected to get underway later this year.

The hotels would be able to open as soon as they're completed, but the Costco store could not begin operations until the JDEDZ traffic mitigation improvements are finished. "It is expected Costco will coordinate their on-site and building permitting and construction with the JDEDZ Traffic Mitigation Improvements schedule," Sodergren said.

Included among the road projects are upgrades to the I-680/Stoneridge Drive interchange, changes to the intersection of Stoneridge and Johnson drives, and expansion of Johnson Drive.

All plans for the roadwork are nearly complete, as city staff coordinated those efforts while the appeal process played out, according to Sodergren. "Right-of-way acquisition is in process. Caltrans and other permitting is complete," he said.

Costco will be overseeing the construction contract for the roadwork in line with standards under a pending traffic improvement agreement between the company and the city, Sodergren said.

"A public bidding process will occur soon to select a general contractor to perform the work for Costco," he added. "Throughout construction, the work will be inspected by city public works inspection staff and Caltrans staff to ensure compliance with the approved improvement plans. When complete, the improvements will be accepted by the city and Caltrans for operation and maintenance."

Crews are expected to start construction on the traffic improvements this June, with the goal of wrapping up by fall 2023, according to Sodergren.

Comments

Pl
Registered user
another community
on Mar 10, 2022 at 3:53 pm
Pl, another community
Registered user
on Mar 10, 2022 at 3:53 pm

Matt Sullivan in shambles


PLSN Resident
Registered user
Another Pleasanton neighborhood
on Mar 10, 2022 at 3:56 pm
PLSN Resident, Another Pleasanton neighborhood
Registered user
on Mar 10, 2022 at 3:56 pm

Outstanding!! Is the obstruction nightmare over?!?! Can we finally get the Costco residents want and need? Just imagine if we had those gas pumps today with the huge price spikes going on. Costco's charging significantly less than the Pleasanton/Dublin Gas Oligopoly does - and that's probably why there's been so much funding for these lawsuits. But the day will now come when we'll be able to find parking at Costco, and not need to burn more gas and cause more traffic and pollution driving some 30-45 minutes round trip to Livermore or Danville. Hallelujah!


Frank Lynn
Registered user
Valley Trails
on Mar 10, 2022 at 4:03 pm
Frank Lynn, Valley Trails
Registered user
on Mar 10, 2022 at 4:03 pm

Just imagine if we would have had access to bulk food purchase (and other crucial goods) during the beginning stages of Covid, and now access to cheap(er) gas. Well the good news is that some lawyers got a little richer over this and it's eventually going through...

Can the mayor officially banish the one person who spearheaded the lawsuit? [Portion removed. Our policy does not support comments that include direct name-calling, even if stated metaphorically or tongue-in-cheek - Jeremy]


Willy
Registered user
Old Towne
on Mar 10, 2022 at 4:22 pm
Willy, Old Towne
Registered user
on Mar 10, 2022 at 4:22 pm
My opinion
Registered user
Another Pleasanton neighborhood
on Mar 10, 2022 at 4:51 pm
My opinion, Another Pleasanton neighborhood
Registered user
on Mar 10, 2022 at 4:51 pm

Matt Sullivan should be so ashamed of himself. However, I don't think narcissistic sociopaths have the ability to feel shame.


Jake Waters
Registered user
Birdland
on Mar 10, 2022 at 6:33 pm
Jake Waters, Birdland
Registered user
on Mar 10, 2022 at 6:33 pm

Start the tractors, grab the shovels, and get this thing done!


keeknlinda
Registered user
Vintage Hills
on Mar 10, 2022 at 7:51 pm
keeknlinda, Vintage Hills
Registered user
on Mar 10, 2022 at 7:51 pm
PleasantonGoodCitizen
Registered user
Del Prado
on Mar 11, 2022 at 7:27 am
PleasantonGoodCitizen, Del Prado
Registered user
on Mar 11, 2022 at 7:27 am

Hope the wishes of majority that voted for the intitiative come true.


Mica
Registered user
Alisal Elementary School
on Mar 11, 2022 at 9:39 am
Mica, Alisal Elementary School
Registered user
on Mar 11, 2022 at 9:39 am

Doing shopping as a passer-by helps reduce greenhouse emissions.
I will be happy to buy in Pleasanton instead of making a separate trip to drive up to Danville or out to Livermore.
It would be helpful to make Hopyard @Johnson a double turn and close off the Chik A FIL access from Johnson except for a right out exit but Im no traffic expert.b


Patriots
Registered user
Birdland
on Mar 11, 2022 at 10:17 am
Patriots, Birdland
Registered user
on Mar 11, 2022 at 10:17 am

So happy for this good news !!


Dave
Registered user
Highland Oaks
on Mar 11, 2022 at 11:08 am
Dave, Highland Oaks
Registered user
on Mar 11, 2022 at 11:08 am

Glad to see this move forward.


Michael Austin
Registered user
Pleasanton Meadows
on Mar 11, 2022 at 12:33 pm
Michael Austin , Pleasanton Meadows
Registered user
on Mar 11, 2022 at 12:33 pm

There is a problem:

Mayor Brown has indicated she would not continue to support the Costco build if any other business pulls out of the project. There is the current voting block control on the city council made up of Testa, Arkin and Brown.

Then there is the other wild card:

Mat Sullivan is on record in a recent Tim Hunt blog stating, Costco in Pleasanton will "NEVER" happen. Apparently Matt Sullivan is not finished with his shenanigans to prevent the Costco build in Pleasanton,


Long Time Pleasanton Resident
Registered user
Mohr Park
on Mar 11, 2022 at 12:57 pm
Long Time Pleasanton Resident, Mohr Park
Registered user
on Mar 11, 2022 at 12:57 pm

Is it really over? Look at the last paragraph of the article. The reporter seems to leave a hint that there are other lawsuits pending. Very frustrating.


KathleenRuegsegger
Registered user
Vintage Hills
on Mar 11, 2022 at 1:59 pm
KathleenRuegsegger, Vintage Hills
Registered user
on Mar 11, 2022 at 1:59 pm

Here’s the thing: Matt Sullivan has to stop now. It is good for Pleasanton, especially now. I doubt Brown and Testa, or even Arkin, are opposed to a large building there, which includes Costco. The people voted. Let’s get started.


Lynn
Registered user
Birdland
on Mar 11, 2022 at 2:39 pm
Lynn, Birdland
Registered user
on Mar 11, 2022 at 2:39 pm

The people have voted (more than once) in favor. Isn't this the second law suit to stop the people's vote? If not, the obstacles Pleasanton Citizens for Responsible Growth and Matt Sullivan brought in this suit is more than enough. I certainly hope they don't bring any more ("exploring all possibilities). It would be nice if our vote counted and not be struck down by a minority group.


LanceM
Registered user
Another Pleasanton neighborhood
on Mar 12, 2022 at 8:25 am
LanceM, Another Pleasanton neighborhood
Registered user
on Mar 12, 2022 at 8:25 am

"one of the few tools the public has to protect not only the environment but to provide us a voice when our government representatives do not."

Of course the citizens of Pleasanton voted on and approved this project, but I guess Matt Sullivan and his thugs don't like that voice.

Of course more lawsuits will happen - if there is one thing for certain in this country, is that with enough money you can make anything happen or stop happening in this case.


Michael Austin
Registered user
Pleasanton Meadows
on Mar 12, 2022 at 10:34 am
Michael Austin , Pleasanton Meadows
Registered user
on Mar 12, 2022 at 10:34 am

Citizens can fight back:

The majority of registered voters that approved the Costco build can form a group. With each person throwing $500 into funding. This would equate to approximately $300K for starters.

Use that funding to higher top notch law firm from the Bay Area to file counter cease-and-desist lawsuit against Sullivan and his group.

We can use the discover laws with depositions to depo them into submission. We can depo Sullivan for starters, discover his backers, depo them get their documents, bank accounts, everything. No limit to what we can ask for and get.

We continue to depo them every three months until they hang it up. Costco gets built. Situations, conditions, etc., can change every 90 days or so. thus, depo every 3 months.


resident
Registered user
Danbury Park
on Mar 13, 2022 at 10:52 am
resident, Danbury Park
Registered user
on Mar 13, 2022 at 10:52 am

We know who their backers are. Its Cox Family Gas Stations. I stopped getting gas at their stations long ago due to this. Money talks.


Shpcapt
Registered user
Kottinger Ranch
on Mar 15, 2022 at 9:58 am
Shpcapt, Kottinger Ranch
Registered user
on Mar 15, 2022 at 9:58 am

Great news. Hope we can go ahead and have Costco in Pleasanton finally. It has ben too long already


Mike
Registered user
Val Vista
on Mar 29, 2022 at 5:38 pm
Mike, Val Vista
Registered user
on Mar 29, 2022 at 5:38 pm

Our legal system was designed to provide equity under the law and not to be used as a shield or sword against our foes.
Our laws need to be updated to stop people and organizations from using the law as a shield or sword against others.
This was clearly driven by one misguided person that decided to use the law as both a shield and sword against the majority of residents and Costco just because their feelings were hurt when residents rejected their misguided attempts to limit the development and approved this development.
I think Costco and the City of Pleasanton deserve compensation and should sue the group that filed these worthless lawsuits. I suspect the damages would exceed $25 million. Citizens for responsible growth need to get their checkbooks out and be ready for bankruptcy for abusing our legal system.


SS
Registered user
Stoneridge
on Apr 4, 2022 at 12:07 pm
SS, Stoneridge
Registered user
on Apr 4, 2022 at 12:07 pm

hope this is THE END of it, Finally a Costco in Pleasanton :-)


Michael Austin
Registered user
Pleasanton Meadows
on Apr 4, 2022 at 2:57 pm
Michael Austin , Pleasanton Meadows
Registered user
on Apr 4, 2022 at 2:57 pm

The Mercury News headlined an article Sunday that Pleasanton Costco will be built by end of 2023. I was not able to read the entire article because they wanted me to pay a fee to read entire article. I declined to pay the fee.


Jeff Durban
Registered user
Del Prado
on Apr 5, 2022 at 8:43 am
Jeff Durban, Del Prado
Registered user
on Apr 5, 2022 at 8:43 am

Matt Sullivan now has his sights set on the expanded skate park at the Ken Mercer sports park. He was overheard at Cook's Seafood last night that he fears the new park will steal skaters away from other small skate parks and create unreasonable traffic jams on Hopyard.


Michael Austin
Registered user
Pleasanton Meadows
on Apr 5, 2022 at 8:53 am
Michael Austin , Pleasanton Meadows
Registered user
on Apr 5, 2022 at 8:53 am

The county fair and the Scottish games bring extra traffic onto Hopyard and other streets in Pleasanton. All those people leave behind thousands of dollars with local merchants.

The expanded skate park may not be in place for another ten years. All the same all those out-of-town skateboard competitors will leave behind dollars with local merchants.

All is good!


Don't miss out on the discussion!
Sign up to be notified of new comments on this topic.

Post a comment

Sorry, but further commenting on this topic has been closed.